Unconscionability in Consumer Transactions Section 52 of The Trade Practices Act

  • The Hon. Mr Justice R.E. Cooper

Abstract

Although some would argue that intervention has gone too far and that certainty in commercial dealings dictates a need to return to orthodoxy1, that will not occur.2 Others tonight will deal with the marked tendency of the High Court of Australia to deal with commercial transactions more readily in terms of restitution, unjust enrichment and constructive trust than in terms of privity and consideration.3 I will deal with one aspect of a broad legislative movement to provide protection for a class of persons which engages in commercial dealings, namely "consumers".
Published
Dec 1, 1989
How to Cite
COOPER, The Hon. Mr Justice R.E.. Unconscionability in Consumer Transactions Section 52 of The Trade Practices Act. QUT Law Review, [S.l.], v. 5, p. 1-17, dec. 1989. ISSN 2201-7275. Available at: <https://lr.law.qut.edu.au/article/view/310>. Date accessed: 01 feb. 2021. doi: https://doi.org/10.5204/qutlr.v5i0.310.
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